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MASTHAN (Self employeed)     18 February 2011

Too much disturbance because of loud speakers

Hi All,

Recently near to my house one temple was rennovated. This temple was built with in 200 sqft and it doesnt have any additional space and it is just 20 meters distance from my home

From the last one month of time, they are playing devotional songs at very high volume and this is happening everyday from 5:30 AM to 9:00 AM and every evening from 5:00PM to 8:00 PM. 

Because of this too much noise, we can not  take any phone calls during this time and we can't even sleep properly  and we can't do any work (I am a s/w professional ) because of this. We requested them to cut down the volume and not to play too much time but they didnt care.  Since I belongs to ISLAMIC community , I can't force them to cutdown the volume and I can;t fight too much because it may lead to HINDU-MUSLIM issue. 

Being citizen of this country I have all the rights to lead my life peacefully but these people are really distubing us a lot. 

 

Could you please help me, how I can take this issue forward? Is this issue belongs "MUNICIPALITY" or Police Station or Court (through private complaint) ?

 

Thanks,

Masthan

 

 



Learning

 10 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     18 February 2011

COMPLAINT to district magistrate ,

pollution control bord.

(two cotton buds r also the battar solution)just kiddind

Jimm (jimmferns@gmail.com)     18 February 2011

Masthan,

Just ONE simple question, with genuine concern of your grievience, & keeping in mind ALL other Indian Citizens who ALSO have their RIGHTS!

How do you think ALL other INDIANS who are NOT muslims feel toward the LOUD calls of the AZAN from the SPEAKERS of the MOSQUES for 5 times EVERY DAY? especially those that are LIVING within the EAR SHOT of the MOSQUES??

Do you think THEY should ALSO register complaints and file suits in COURTS against the MOSQUES?

Roshni B.. (For justice and dignity)     18 February 2011

Loud devotional music,loud announcements by mosques,temples,&  loud DJ music in weddings at night,all should be banned.

 

We should think about everybody's welfare,from the point of view of humanness;not any religion.

The main problem is that Indians don't care a hoot while playing loud music,announcememts,devotional songs and so on.They just bother about satisfying themselves,also because there's no strict implementaion of laws.

 

They feel they have eradicated their karmas by playing loud music,in God's faith.But they don't know they are also accumuilating bad karma,as a result of disturbing so many people.

So,playing blame game here won't solve anyone's problem......Will it?

 

 

@ the author

 

If you are afraid to approach temple authorities,ask any of ur trustworthy Hindu friend to approach them with a request to play softer music,as your approaching them may create complications.

If it doesn't solve the problems,take legal action,as advised by Sarvesh Ji.Or wait for more legal responses.

1 Like

MASTHAN (Self employeed)     18 February 2011

Mr Jimmm,

 

You are not understanding the problem here. It is the matter of how long they are playing the music morning from 5:30 AM to 9:00 AM and evening 5:00 PM to 8:00 PM and I am just staying 20 meters distance from the temple and the temple doesnt have additional space the temple was built on the road. It is not the matter of HINDU-MUSLIM, it is the matter of human rights.

 

Thanks,

Masthan


(Guest)

Agree with  Roshni B

Loud devotional music,loud announcements by mosques,temples,&  loud DJ music in weddings at night,all should be banned.

 

 

The Supreme Court and the Centre might have defined 'night' to mean a period between 10 pm and 6 am, and a complete ban has been placed on playing loud music or making any type of noise, but still a peaceful 'night' on the festive occasions like New year, Makar Sankranti or during marriage seasons is still a nightmare.

 

 

Despite a clear Supreme Court directive in 2005 to observe "Night'' during 10 pm to 6 am, the orders have been flouted with impunity.

 

 

Supreme court in 2005 in 'Re: Noise Pollution - Implementation of the Laws for Restricting Use of Loudspeakers and High Volume Producing Sound Systems' case AIR 2005 SC 3136 has held that the right to life includes right to listen or not to listen to any noise and no one can take shelter of Article 19 (1)(a) (freedom of expression) of the Constitution claiming that he has a fundamental right to create noise by amplifying the sound of his speech or music with the help of loudspeakers.

 

In its year 2005 judgment imposing ban on cracking fire works in 'Night' and use of loud noise, Supreme Court has held,"The issue of noise pollution in India has not been taken so far with that seriousness as it ought to have been. There is lack of will on the part of the executive to implement the laws." 

Even otherwise during marriages, late night parties at farm houses and even in colonies there is scant compliance of prohibitory orders of state government requiring citizens to observe 'Night" during 10 PM to 6AM.

MASTHAN (Self employeed)     18 February 2011

Hi Sharma,

 

Thanks for your reply, is it good enough if I could send a complaint copy or do  i need to file the private complaint through advocate?

I am not understanding the pollution control board , could you please explain more on this?

 

Thanks,

Masthan

Roshni B.. (For justice and dignity)     18 February 2011

your neighbours may also be affected,including hindu neighbours.

 

if you jointly take up this issue,it will yield better results.


(Guest)

 

Draft Complaint for Lodging FIR against Noise Pollution

 

To,

The Officer in Charge

[Name & address of Police Station]

Sir,

I, [Name], [Age], resident of [Address] hereby make the following complaint under section 154 of the Cr.P.C. with a request to lodge a FIR, without delay.

Under the Noise Pollution {Regulation and Control) Rules. 2000, there is a ban on [Type of Violation]. Despite the clear-cut provisions of this rule, [Name of Noise Source] is generating obnoxious noise by [Mention purpose] which is a blatant violation of law.

During the past [Number of days with date] I have witnessed this violation of law. There are many others who are witness to these infringements.

[Mention readings if possible]. It is also submitted that decibel readings by the instrument bearing the brand name [Details of the brand of the instrument] for the ambient sound was taken around the places where the noise level was prominent and the following results were obtained.

1. Date, time and precise spot of taking reading:

2. Decibel value of sound measured:

In view of the facts stated above the offences against the Noise Pollution (Regulation and Control) Rules. 2000 read with section 15 of the Environment Protection Act, 1986 have been committed.

For the reasons cited above, the offences committed by the accused persons are cognizable and non bailable in terms of Schedule l(ll) Cr.P.C. As such, offences under section 15 of the Environment Protection Act, 1986 r/w Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000, may be registered at once and the FIR filed accordingly.

A copy of the FIR filed in the matter may kindly be given to me.

 

sebastian aj (sales officer)     18 February 2011

Sir, You should forward a complaint if fix this a problem, u give a complaint to healthministry,

in the health, in the Draft public health act 2009 saying that "Nuisance” includes any act, omission, place or thing which causes or is likely to cause injury,

danger, annoyance or harassment offence to the sense of sight, smell or hearing or disturbance to
rest or sleep or which is or may be dangerous to life or injurious to the health or property of the
public or the people in general who dwell or occupy property in the vicinity or person or persons
who may have occasion to use any public right.

sebastian aj (sales officer)     18 February 2011

no they do not agree with him.


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